Make your wishes clear. Help the people who may need to speak for you.

Need help preparing an advance care directive in Gawler? PA Law Pty Ltd assists with ACDs that record your wishes and appoint suitable substitute decision-makers if you choose. Based in Evanston South, we help clients in Gawler, Adelaide and throughout South Australia understand their options and the signing process. Start with a conversation about what matters to you.

Arrange an ACD Appointment   |   Call 0431 614 696

Advance care directive advice for Gawler families

Planning ahead gives you time to consider your preferences without having to settle every question during a crisis. You may want to explain what makes life meaningful to you, nominate someone you trust or review documents completed years ago. PA Law helps you work through the legal document and its practical implications. You do not need to arrive with perfectly drafted instructions.

Meet Manal Amro, Principal Solicitor of PA Law. Appointments are by arrangement, including telephone and Microsoft Teams consultations where appropriate. Let us know your preferred consultation format and any communication needs when booking.

What is an advance care directive?

An advance care directive is a South Australian legal document for future health care, accommodation and personal matters. It can record your wishes, values and instructions and appoint one or more substitute decision-makers. You can also make an ACD without appointing anyone. The South Australian Government’s ACD guide provides an overview.

An ACD comes into force when properly witnessed, but a substitute decision-maker or health practitioner may use it only when you have impaired decision-making capacity for the particular decision at the time. It does not remove your right to make decisions you can make yourself. Capacity can vary between decisions and over time; it is not simply an all-or-nothing label.

How does an ACD differ from an EPOA or a will?

• ACD: health care, accommodation and personal decisions.
• Enduring power of attorney: legal and financial affairs during your lifetime. An ACD does not authorise someone to manage your bank accounts or sell property.
• Will: directions for your estate after death. See our dedicated Wills service for Gawler and South Australia.

Our Wills, EPOA and ACD estate-planning overview explains how these documents work alongside each other. Tell us which documents you already have so we can consider the arrangements together.

Recording your wishes and choosing decision-makers

What would you want others to understand?

Before your appointment, make a few notes about your daily life, relationships, cultural or religious preferences, and what you would want considered if your care needs changed. Think about the people you want involved in conversations and any concerns about future living arrangements. Specific explanations can be more useful than broad phrases that different people may interpret differently.

Discuss treatment questions with your treating health professional so you understand the medical choices and their likely consequences. Legal assistance with the document complements that clinical discussion. You do not need to include a refusal of treatment simply because the form allows one.

Are all instructions legally binding?

A refusal of particular health care can be a binding provision, subject to the Advance Care Directives Act 2013 (SA) and its application to the circumstances. Other wishes and preferences guide decisions but do not all have the same legal effect. An ACD cannot require unlawful action or guarantee that a requested treatment will be provided. Discuss any proposed refusal carefully with your health professional and obtain advice about the wording. The Legal Services Commission explains ACD provisions and their effect.

Who should be your substitute decision-maker?

Consider someone who listens to you, understands your priorities, can ask questions under pressure and is willing to communicate with health professionals and family. Talk to them before making an appointment. Discuss whether they could put your preferences first even if they would make a different choice for themselves.

Eligibility rules apply. Your treating health practitioner or paid carer cannot be appointed as your substitute decision-maker. Ask about these rules and any potential conflicts. If you are considering more than one person, discuss how they would communicate, what authority each should have and how disagreements might be handled. The Office of the Public Advocate’s ACD information explains the role and available assistance.

Making and signing an advance care directive in South Australia

A person aged 18 or over who is competent can make an ACD using the required South Australian form. You need to understand what the document is and the consequences of making it. Your instructions must be voluntary. Tell us if you are worried about pressure from another person or if there are questions about understanding or communication. Physical difficulty signing does not necessarily mean a person lacks capacity; seek advice about suitable arrangements.

The order of signing matters

If you appoint substitute decision-makers, each must complete and sign their acceptance before you sign in front of a suitable witness. Their acceptance signatures do not need witnessing. Your witness must meet the legal eligibility requirements. Eligible classes include legal practitioners and justices of the peace, but conflicts matter: an appointed substitute decision-maker, someone with an interest in your estate or your treating health practitioner cannot witness your ACD. Arrange witnessing before signing and check the current information statement and form instructions. SA Health provides the official ACD form, kit and guidance.

Share the completed document

Discuss copies for your substitute decision-makers, GP and other relevant care providers. Keep the original accessible and make sure the people who may need it know where it is. A carefully prepared document is more useful when it can be found at the right time. Keep a list of who has a copy so they can be notified if you later replace or revoke it.

Your ACD appointment: 3 steps

1. Tell us what you need

Contact PA Law about a new directive, an existing document or a coordinated estate plan. Mention any urgency and whether you would like to discuss appointments, instructions or signing requirements. You can ask to discuss sensitive concerns privately.

2. Bring the useful information

Bring any existing ACD, medical power of attorney, enduring power of guardianship or anticipatory direction. Include your will and financial power of attorney if you want them considered together. Have proposed decision-makers’ names and contact details available, along with your notes about preferences and questions for discussion.

3. Review your instructions and the next steps

Check names, appointments and wording carefully before finalising the form. Ask about anything you do not understand. Agree on how acceptance and witnessing will be completed, who should receive copies and when to revisit your arrangements.

How much does an advance care directive cost?

Contact PA Law to discuss the scope and request a quote for legal assistance. Explain whether you need help with a new directive or advice about existing documents. Ask what is included, whether GST and any additional expenses are included, and how changes to the work would be handled. The official government form and guidance are available separately; you are not required to engage a lawyer merely to obtain a form.

Advance care directive FAQs

Is an ACD only for older people or terminal illness?

No. A competent adult can plan ahead. An unexpected illness or injury can create a need for decisions at different stages of life. Consider your circumstances rather than waiting for a particular age.

Do I have to appoint a substitute decision-maker?

No. You can use an ACD to record wishes and instructions without making an appointment. Discuss how decisions would be made in your circumstances and whether appointing someone would be useful.

Can I change my ACD later?

Do not handwrite changes onto a completed directive. To add, remove or change provisions, make a new ACD and complete the signing and witnessing process again while competent. A new valid ACD revokes the previous one. Notify decision-makers and others holding copies. Read the Legal Services Commission’s guidance on changing or revoking an ACD.

Are older medical powers of attorney still valid?

Older documents are not automatically invalid simply because the ACD system exists. Relevant documents made before 1 July 2014 can continue under transitional rules. Bring them for review before replacing them. SACAT explains older documents and ACDs.

Can a relative make an ACD for someone who has lost capacity?

A relative cannot simply complete a new ACD on that person’s behalf. Obtain advice about their capacity for the relevant decisions, any existing documents and the appropriate decision-making arrangements.

What if people disagree about the directive?

The Office of the Public Advocate provides assistance with ACD issues and dispute resolution. SACAT can deal with certain reviews and disputes, usually after the Public Advocate has tried to resolve the issue. Seek guidance early about the correct process.

Can I arrange advice from Gawler or Adelaide?

Yes. PA Law is based in Evanston South and assists clients in Gawler, Adelaide and across South Australia. Appointments are by arrangement, including telephone and Microsoft Teams where appropriate. Confirm how the consultation and signing will be organised.

Arrange your advance care directive appointment

Put your questions and preferences into a clear plan. Tell us whether you need your first ACD, advice about an existing document or help coordinating it with your will and EPOA.

PA Law Pty Ltd — Evanston South, South Australia
Serving Gawler, Adelaide and clients throughout South Australia.

Arrange an ACD Appointment   |   Call 0431 614 696
Email: manal@palaw.au

This page provides general information, not legal or medical advice for your circumstances. Liability limited by a scheme approved under Professional Standards Legislation.